State v. Julio Baeza ( 2018 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-18-00579-CR
NO. 03-18-00580-CR
NO. 03-18-00581-CR
The State of Texas, Appellant
v.
Julio Baeza, Appellee
FROM THE COUNTY COURT AT LAW NO. 4 OF TRAVIS COUNTY,
NOS. C-1-CR-15-218716, C-1-CR-15-218717, C-1-CR-16-400605
THE HONORABLE MIKE DENTON, JUDGE PRESIDING
MEMORANDUM OPINION
Appellant the State of Texas filed its notice of appeal in these cases on September
4, 2018. On September 7, 2018, appellee Julio Baeza filed an agreed motion for new trial and
motion in arrest of dismissal. See Tex. R. App. P. 21, 22. The trial court granted the motion for
new trial on September 13, 2018. Granting a new trial restores the case to its position before the
former trial. Id. R. 21.9(b); see also id. R. 22.6(a) (“If judgment is arrested the defendant is
restored to the position that he or she had before the indictment or information was presented.”).
We have no jurisdiction to consider the merits of an appeal after the grant of a motion for new
trial. See Glaze v. State, 675 S.W.2d 768, 769-70 (Tex. Crim. App. 1984) (holding that neither
court of appeals nor court of criminal appeals has jurisdiction to consider the merits of a case
unless there is a final conviction from which to appeal); Waller v. State, 931 S.W.2d 640, 643-44
(Tex. App.—Dallas 1996, no pet.) (determining that appellate court had no jurisdiction to review
appeal because trial court’s granting of a motion for new trial left no sentence to be appealed); see
also Gallup v. State, No. 03-11-00683-CR, 2012 WL 5192814, at *1 (Tex. App.—Austin Oct. 19,
2012, no pet.) (mem. op., not designated for publication) (dismissing appeal as moot after trial
court granted motion for new trial). Accordingly, we dismiss these appeals for want of jurisdiction.
__________________________________________________
Cindy Olson Bourland, Justice
Before Justices Puryear, Goodwin, and Bourland
Dismissed for Want of Jurisdiction
Filed: October 2, 2018
Do Not Publish
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